City rejects owner’s appeal of order to vacate tenants from dilapidated rowhouses

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This article was published 22/04/2024 (550 days ago), so information in it may no longer be current.

An order to vacate townhouses the city has declared unfit for tenants was upheld Monday amid a call to ramp up enforcement at buildings with safety concerns.

City council’s property and development committee rejected an appeal of the order to vacate a row of homes on the 300 block of Arnold Avenue, which inspectors found suffered from structural deterioration and lacked proper fire protection, among other public-safety concerns.

Coun. Sherri Rollins, the committee’s chairwoman, also promised to seek changes to crack down on properties in disrepair, which could include increasing some fines and/or adding new ones for failing to comply with city orders within a set time frame.

“I am concerned that we’re not, in our bylaw, providing sufficient tools in the enforcement tool box. Clearly, we might need something more, when there is an order to vacate and we hear that people are still living there,” said Rollins.

City officials told the committee one resident still lives in a unit at the property, despite the order that it was be vacated by Feb. 23.

“If it is upheld, we will (engage) with social services and (inform) the tenant he does have to leave this property,” said Rob Clements, the city’s acting chief of enforcement, prior to the vote.

Last May, the committee denied the owner’s appeal of an order to complete safety repairs at the same property, though Rollins said she’s concerned that work wasn’t done.

“I think the owner is continuing to look away from life-safety issues that are hurting the neighbours and perhaps hurting the tenants,” she said.

Neighbour Justin Pauls told the Free Press the property has attracted drug dealing, assaults and theft. Three of his neighbours have already moved away and he no longer feels safe in his neighbourhood, he said.

“The building itself (has fallen) into such disrepair that it just needs to get knocked down,” said Pauls.

Another neighbour said the property has degraded the quality of life for those living near it in the Lord Roberts neighbourhood west of Osborne Street South.

“We have been living through hell,” Denis Gendron told the committee. “We’ve had assaults, we’ve had thefts on a daily basis.”

One section of wall crumbled to the ground, Gendron said.

“In my opinion, I think the place should be torn down. Green space could be put in or suitable housing,” he said.

A January site inspection found a lack of working fire alarms, fire separations and proper zoning approvals, as well as unsafe, deteriorated decks and a badly damaged east side wall, according to a city report. The city also claims electrical, plumbing and structural projects were completed without permits.

The owner’s lawyer submitted a document that denies any hazardous conditions are present at the property.

However, the owner said he is taking steps to fix it, even though he rejects city claims it was repaired without proper permits and approvals.

“As for the remaining items on the order, I do not contest and I commit to repairing them with utmost haste,” said owner Alen Planincic, who remotely participated in the meeting over Zoom.

Planincic confirmed the province issued public health orders that declared six of the eight rowhouse units unusable.

When asked if he had completed repairs the city ordered last year, the owner said he worked with Manitoba Justice to remove some “illegal tenants” from suites and clean those units.

Later in the meeting, the committee upheld a separate order that the owner of 562 Balmoral St. address hazardous conditions after a building on that property was destroyed by fire in February.

“Specifically, as a result of a fire, the building has been demolished and the remains/debris of the building’s structure have been left on the property. This deems the property a hazard,” a city letter states.

The city ordered the owner to add safety fencing around the property, demolish it and clean up the entire site no later than May 28.

The property owner appealed the decision, telling the committee he can’t afford the repairs and feels he should be given time to pursue reimbursement, possibly from those suspected of starting the fire.

Property owners must be held responsible for the sites they own, Rollins said.

“Properties cost money, He didn’t substantiate any of his claims of the burdensome (nature) of the cost, scope, etc.,” she said.

Meanwhile, Winnipeggers will have to wait until June to learn the fate of the former Vulcan Iron Works industrial building, which was gutted in a July 2023 fire. A city order to clean the rubble from the North Point Douglas site has been delayed, largely due to stop-work orders linked to possible asbestos contamination.

While Rollins said she would like to see urgent action on cleaning up that site, she noted city staff may consider exempting a part of the property from demolition. Property owner Sheldon Blank has applied for a demolition permit but is also still seeking provincial approval of his cleanup plan.

Rollins said an adjournment to June 17 will allow time to sort out those issues.

joyanne.pursaga@freepress.mb.ca

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